(a) Purpose. - This Chapter establishes a uniform
system of administrative rule making and adjudicatory procedures for agencies.
The procedures ensure that the functions of rule making, investigation,
advocacy, and adjudication are not all performed by the same person in the
administrative process.

(b) Rights. - This Chapter confers procedural rights.

(c) Full Exemptions. - This Chapter applies to every agency
except:

(1) The North Carolina National Guard in exercising its
court-martial jurisdiction.

(2) The Department of Health and Human Services in
exercising its authority over the Camp Butner reservation granted in Article 6
of Chapter 122C of the General Statutes.

(3) The Utilities Commission.

(4) Repealed by Session Laws 2011-287, s. 21(a),
effective June 24, 2011, and applicable to rules adopted on or after that date.

(4) The Department of Revenue, with respect to the
notice and hearing requirements contained in Part 2 of Article 2A. With respect
to the Secretary of Revenue's authority to redetermine the State net taxable
income of a corporation under G.S. 105-130.5A, the Department is subject
to the rule-making requirements of G.S. 105-262.1.

(5) The North Carolina Global TransPark Authority with
respect to the acquisition, construction, operation, or use, including fees or
charges, of any portion of a cargo airport complex.

(6) The Department of Public Safety, with respect to
matters relating to executions under Article 19 of Chapter 15 of the General
Statutes and matters relating solely to persons in its custody or under its
supervision, including prisoners, probationers, and parolees.

(7) The State Health Plan for Teachers and State
Employees in administering the provisions of Article 3B of Chapter 135 of the
General Statutes.

(8) The North Carolina Federal Tax Reform Allocation
Committee, with respect to the adoption of the annual qualified allocation plan
required by 26 U.S.C. § 42(m), and any agency designated by the Committee to
the extent necessary to administer the annual qualified allocation plan.

(9) The Department of Health and Human Services in
adopting new or amending existing medical coverage policies for the State
Medicaid and NC Health Choice programs pursuant to G.S. 108A-54.2.

(10) The Economic Investment Committee in developing
criteria for the Job Development Investment Grant Program under Part 2F of
Article 10 of Chapter 143B of the General Statutes.

(11) The North Carolina State Ports Authority with
respect to fees established pursuant to G.S. 136-262(a)(11).

(12) The Department of Commerce and the Economic
Investment Committee in developing criteria and administering the Site
Infrastructure Development Program under G.S. 143B-437.02.

(13) The Department of Commerce and the Governor's Office
in developing guidelines for the One North Carolina Fund under Part 2H of
Article 10 of Chapter 143B of the General Statutes.

(20) The Department of Health and Human Services in
implementing, operating, or overseeing new 1915(b)/(c) Medicaid Waiver programs
or amendments to existing 1915(b)/(c) Medicaid Waiver programs.

(21) Reserved for future codification purposes.

(22) The Department of Health and Human Services with
respect to the content of State Plans, State Plan Amendments, and Waivers
approved by the Centers for Medicare and Medicaid Services (CMS) for the North
Carolina Medicaid Program and the NC Health Choice program.

(23) The Department of Natural and Cultural Resources
with respect to admission fees or related activity fees at historic sites and
museums pursuant to G.S. 121-7.3.

The Board shall annually post the
admission fee and operating hours schedule on its Web site and provide notice
of the schedule, along with a citation to this section, to all persons named on
the mailing list maintained pursuant to G.S. 150B-21.2(d).

c. Fee schedules for the preparation of forest
management plans developed pursuant to G.S. 106-1004.

(27) The Department of Natural and Cultural Resources
with respect to operating hours, admission fees, or related activity fees at:

a. The North Carolina Zoological Park pursuant to G.S. 143B-135.205.

b. State parks pursuant to G.S. 143B-135.16.

c. The North Carolina Aquariums pursuant to G.S. 143B-135.188.

d. The North Carolina Museum of Natural Sciences.

The exclusion from rule making for the
setting of operating hours set forth in this subdivision (i) shall not apply to
a decision to eliminate all public operating hours for the sites and facilities
listed and (ii) does not authorize any of the sites and facilities listed in
this subdivision that do not currently charge an admission fee to charge an
admission fee until authorized by an act of the General Assembly.

(28) (Effective July 1, 2020) The Division of
Motor Vehicles with respect to fee adjustments under G.S. 20-4.02.

(29) The Commission for Public Health with respect to
adding to the Newborn Screening Program established under G.S. 130A-125
screening tests for Pompe disease, Mucopolysaccharidosis Type I (MPS I), and X-Linked
Adrenoleukodystrophy (X-ALD).

(e) Exemptions From Contested Case Provisions. - The
contested case provisions of this Chapter apply to all agencies and all
proceedings not expressly exempted from the Chapter. The contested case
provisions of this Chapter do not apply to the following:

(1) The Department of Health and Human Services and the
Department of Environmental Quality in complying with the procedural safeguards
mandated by Section 680 of Part H of Public Law 99-457 as amended (Education of
the Handicapped Act Amendments of 1986).

(5) Hearings required pursuant to the Rehabilitation
Act of 1973, (Public Law 93-122), as amended and federal regulations
promulgated thereunder. G.S. 150B-51(a) is considered a contested case
hearing provision that does not apply to these hearings.

(12) The State Health Plan for Teachers and State
Employees respect to disputes involving the performance, terms, or conditions
of a contract between the Plan and an entity under contract with the Plan.

(13) The State Health Plan for Teachers and State
Employees with respect to determinations by the Executive Administrator and
Board of Trustees, the Plan's designated utilization review organization, or a
self-funded health maintenance organization under contract with the Plan that
an admission, availability of care, continued stay, or other health care
service has been reviewed and, based upon the information provided, does not
meet the Plan's requirements for medical necessity, appropriateness, health
care setting, or level of care or effectiveness, and the requested service is
therefore denied, reduced, or terminated.

(14) The Department of Public Safety for hearings and
appeals authorized under Chapter 20 of the General Statutes.

(15) The Wildlife Resources Commission with respect to
determinations of whether to authorize or terminate the authority of a person
to sell licenses and permits as a license agent of the Wildlife Resources
Commission.

(17) The Department of Health and Human Services with
respect to the review of North Carolina Health Choice Program determinations
regarding delay, denial, reduction, suspension, or termination of health
services, in whole or in part, including a determination about the type or
level of services, commenced under G.S. 108A-70.29(b).

(18) Hearings provided by the Department of Health and
Human Services to decide appeals pertaining to adult care home resident
discharges initiated by adult care homes under G.S. 131D-4.8.

(19) The Industrial Commission.

(20) The Department of Commerce for hearings and appeals
authorized under Chapter 96 of the General Statutes.

(21) The Department of Health and Human Services for
actions taken under G.S. 122C-124.2.

(22) The Department of Public Safety, with respect to
matters relating to executions under Article 19 of Chapter 15 of the General
Statutes.

(23) The Secretary of Environmental Quality for the
waiver or modification of non-State cost-share requirements under G.S. 143-215.73G.

(24) The Department of Information Technology in the
written decision from a protest petition under G.S. 143B-1373.

(25) The Department of Health and Human Services with
respect to disputes involving the performance, terms, or conditions of a
contract between the Department and a prepaid health plan, as defined in G.S. 108D-1.

(26) The State Board of Education with respect to the
disapproval, termination, renewal, or nonrenewal of charters under Article 14A
of Chapter 115C of the General Statutes.

(f) Exemption for the University of North Carolina. - Except
as provided in G.S. 143-135.3, no Article in this Chapter except Article 4
applies to The University of North Carolina.